‘COMMONWEALTH OF KENTUCKY ‘CAMPBELL CIRCUIT COURT DIVISION i (CASE NO. 20-C1-00075 JAMES P. COLE PLAINTIFF MARY JO WEDDING, et.al, DEFENDANTS, EINDINGS OF FACT, CONCLUSIONS OF LAW, AND JUDOMENT ‘Tis eases before the cour on Paint James P. Cole's mation for dsgualifiaton, injunctive reli and declaration of rights. “The cour conducied a hearing in this cate on February 10,2029. The Pati and his storey, Anna Stewart Whites, were resent, Defendant Mary Jo Wedding (“Defendant Weeding”) was present with her atomeys, lefiey C. Mando and Oliva Amlung. Tom Edge, ‘Asst Campbell County Attomey, snd Jim Lucrea, Campbell County Cert, were also presen ‘Based upon the testimony, the exhibits, argument, andthe entire record, the court issues the following memorandin opinion. | BACKGROUND ‘The Plaini’callengs the bona Fides ofthe Defendant Wedding 28a candidate forthe clliee ofthe Kentucky House of Representatives, Dist 67, A special election isto be held on February 25,2020. ‘The sole issue before the cour is whether Defendant Wedding meets the qualifications ‘ofa Kentucky House candidate for such election,I, FINDINGS OF FACT 1, On January 6, 2020, epubtean Party of Campbell County, Kentucky, tmaly fled a Ceritiate of Nomination with the Kentucky Seertary of State, naming Defendant Wedding as ‘ue Republican Partys candidate for House Disc 67 inthe speci election aking place on February 25,2020, 2, On Janvary 2, 2020, the Plan ile the within ation to have this court conduct a tearing and to entra judgment desaring hat Defendant Weddings not a qualified candidate, snd 0 issue an injunction preventing Defendant Wedding from comtinuing to claim that she isa valid and awfil candidate for House District 67 in the special lesion. 3, The Plintifis a qualified voter entitled to vote forthe Defendant Wedding. He is at least 18 years of aye: has resided in Kentucky for over one year and Campbell County for atleast. six (6) months; and resides inthe presint in which he offers to inty (60) days next preceding the election. 4. Defendant Wedding’ Kentucky driver’ license ised on March 7, 2018 ted er residence as 182 Kentucky Drive, Newport, Kentucky; her Compal! County vor registration sted March 7, 2018, listed 182 Kentucky Drive as her residence: nthe primary eletion on May “2, 2018, she voted in a prcinet with her ryitered address being 82 Kentucky Drive her bank ‘satemens from Fith Third Bank were sent to 182 Kentucky Drive! Defendant Wedding signed lease agreement on July 31, 2019, for property at 163 Foote Avenue, Bellevue, Keniucky, ‘where she lives today: on September 24,2019, she changed her voter egisraion addres from 182 Kentucky 10 163 Foote Avenue; and her 2018 Federal Income Tax Return listed 163, Foote Avenue as her home address? "These bank semen re athe ame of Mary 0 Mors, which ithe Defenin Wedding's anne name ® Defendant Welding led hee 208 aes on October 18, 2018, per on etenson 25, The Defendant Wedding predominantly slept at and Kept substantially all of her personaly at these residences, including family pitures, funiture, clething, bed and bedding, and fod 6 The Defendant Wedding hes had atu. continuous residences at 182 Kentucky Drive, ‘Newport, Kentucky and 163 Foote Avenue, Bellevue, Kentucky since August 1, 2018, These resdences are within Ilouse Distt 67 7. The Defendant Wedding hasbeen a citizen of Kentucky hse whole if, She is atleast 24 ests of age and she has resided in Kentucky fortwo (2) years net preceding the eestion on February 25,2020, She has resided in Kentucky Hovse Distt 67 for one (1) year nest preceding the speial election. 8. While the court, under the evidence, has considered the argument of Plaillf concerning esideney under KRS 116.035), the court ind ha the argument isnot persuasive due ‘© KIS 118.015(7) and Noble» Aecuher, 686 S.W.24 458 (Ky. 1985), IL CONCLUSIONS OF LAW |. The Pir has standing to bring this ation. KRS 118.176; Ky. Const. § 15, 2. Venue i proper, and this court has jurisdiction ove this case. KRS 118.176 ‘3. The residences ofthe Defendant Wedding, at 182 Kentucky Drive, Newpon, Kentucky, and 163 Foote Avene, Bellevue, Kentucky have boon actual residences or abodes. as opposed to mere naked legal residences. KRS 118.018; Mobley». Armstrong 978 S.W.24 307, 310 (ky. 1998), ‘4 The Defendant Wedding had an expressed intent tha these residences be er fixe home, and her conduct and aetions were substantially consistent with her expressed intent. KRS: 118.176; Mobley. 978 S.W.2d at 310.8, The De lant Wedding ea bona fide, legal candidate sceking clection to the Kentucky Nouse of Representatives Disrct 67, fr the special eosion to be held on February 25,2020, Ky. Const § 32. 1V.JUDGMENT ITIS THEREFORE ORDERED AND ADJUDGED thatthe Paints Motion s Denied and is herby Dimicced with prejudice. This sa final and appcolable judgments thes ie no wml Ba alla, Judge CLERK'S CERTIFICATION just reason for delay, "hereby cerity thot a true and accurate copy ofthe foregoing Findings of Fact, Conclusions of La, and Judgment was served this ¥2. day of February, 2020, by regular mail, postage prepaid. upon the following ‘Taunya Nolan Jock, Circuit Court Clerk By: De. ‘Anna Stewart Whites 327 Logan Street P.O. Box 4023 Frankfort, KY 40501 Attorney for Plainly Jeffrey C. Mando Olivia F.Amlung ‘Adams, Stepner, Woltermana & Dusing. PLLC 40 West Pike Street Covington, KY 41011 Auorneys for Defendant, Mery Jo WeddingJennifer Seuchiield Michael R. Wilson Secretary of State Office 700 Capita: Avenue, Ste. 152 Frankfort, KY 40601 Adress for Defendant Micual G. Aska In his official capaci as Secretary of Sane Kentucky State Boord of Elections clo Hon. Daniel Cameron, Attorney General 100 Capital Avenue, Ste. 118 PO, Box 718 Frankton, KY 40601 Auorneys for Defendant Michel dda In his official capacity as Secretary of Sate Tou Ei asst Campbell Cowny duorney 319 York Street ‘Newpos, KY 41071 Autorney fo Jin Larsen, Campbell County Clerk